Six area lawyers disciplined on February list

General questions regarding attorney discipline should be directed to the Chief Disciplinary Counsel’s Office, toll-free (877) 953-5535 or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of actual orders are available at www.txboda.org. The State Commission on Judicial Conduct may be contacted toll-free, (877) 228-5750 or (512) 463-5533. Please note that persons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.

Disciplinary Actions — February 2013

Disbarments

On Nov. 16, 2012, Mark Evetts [#00793709], 55, of The Woodlands, was disbarred. Evetts was paid $10,000 to research Texas law for a Georgia company and to provide a legal memorandum, but thereafter failed to perform any work on behalf of his client. Evetts failed to communicate with his client and further failed to refund any unearned fees upon his client’s termination of the representation. Evetts also failed to respond to the grievance. Evetts violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $10,000 in restitution and $990 in attorney’s fees and costs. Evetts has filed a notice of appeal.

Resignations

On Dec. 21, 2012, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Richard Alan Mintz [#14198800], 61, of Houston. At the time of Mintz’s resignation, there were three disciplinary matters pending against him alleging that he neglected a legal matter entrusted to him, failed to keep his client reasonably informed about the status of a legal matter, failed to promptly comply with reasonable requests for information, failed to hold funds belonging in whole or in part to a client separate from his own property, failed to promptly notify a client that funds or other property were received in which the client had an interest, failed to surrender papers and property to which the client was entitled, and failed to refund advance fee payments that had not been earned. Mintz also failed to respond to one grievance. Mintz violated Rules 1.01(b)(1), 1.03(a), 1.14(a), 1.14(b), and 1.15(d). He was ordered to pay $36,373 in restitution and $1,225 in attorney’s fees as a condition for reinstatement.

On Dec. 21, 2012, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of John William Sparks [#24033089], 49, of Houston. At the time of Sparks’ resignation, there was one disciplinary matter pending against him alleging that he neglected a legal matter entrusted to him, failed to keep his client reasonably informed about the status of a matter, failed to promptly comply with reasonable requests for information, and failed to withdraw from the representation of his client when Sparks’ physical, mental, or psychological condition materially impaired his fitness to represent the client. Sparks violated Rules 1.01(b)(1), 1.03(a), and 1.15(a)(2). He was ordered to pay $400 in attorney’s fees and $70 in expenses.

Suspensions

On Dec. 11, 2012, John Shii Wong [#24042185], 36, of Houston, accepted a two-year probated suspension effective Dec. 15, 2012. The District 11-1 Grievance Committee Panel found that Wong failed to keep his clients reasonably informed, failed to respond to reasonable requests for information, neglected two clients’ cases, and failed to respond to the grievances. Wong violated Rule 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8), and he was ordered to pay $1,000 in attorney’s fees, and $1,250 in restitution.

Reprimands

On Dec. 7, 2012, Damiane A. Curvey Banieh [#24048102], 41, of Houston, accepted a public reprimand. Banieh neglected a legal matter entrusted to her, failed to keep her client reasonably informed about the status of his matter, and failed to promptly comply with reasonable requests for information. Banieh violated Rules 1.01(b)(1) and 1.03(a). She was ordered to pay $1,000 in restitution and $475 in attorney’s fees.

On Nov. 25, 2012, Anthony P. Griffin [#08455300], 58, of Galveston, accepted a public reprimand. Griffin was hired to file a breach of contract suit on behalf of his clients. The case was ordered to arbitration; however, Griffin later filed a nonsuit. Griffin failed to maintain communication with his clients and did not timely return their file. Griffin ultimately refunded his fee to his clients. Griffin violated Rules 1.01(b)(1) and 1.03(a). He agreed to pay $500 in attorney’s fees.